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Before using this website, please read this agreement relating to your
use of this site carefully. niris.org is a website owned and operated
by WhiteSpectre (http://www.whitespectre.com/)
for the purpose of the internal administration of a Nightline (hereby
know as the “Service”).
1. ACCEPTANCE OF TERMS
By using this website, you agree to be bound by these terms and conditions.
If you do not agree to these terms and conditions, please do not use
the site. It is the responsibility of a system’s niris.org Administrator
to ensure that each individual user is made aware of these terms and
conditions.
WhiteSpectre provides the information and services on this website
to you, the user, conditioned upon your acceptance, without modification,
of the terms and conditions contained herein. Your use of this website
constitutes your agreement with such terms and conditions.
We reserve the right, at our discretion, to change, modify, add or
remove portions of these terms periodically. Such modifications shall
be effective immediately upon posting of the modified agreement to the
website. Your continued use of the niris.org websites following the
posting of changes to these terms and conditions will mean that you
accept those changes. The User acknowledges its responsibility to review
this Agreement from time to time and to be aware of any such changes.
This version was last modified on
29/10/2002.
WhiteSpectre reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, any Service thereon
(or any part thereof). WhiteSpectre shall not be liable to any user
or other third party for any such modification, suspension or discontinuance
except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using the niris.org website, you warrant to WhiteSpectre that you
will not use this website, or any of the content obtained from this
website, for any purpose that is unlawful or prohibited by these Terms.
If you violate any of these Terms, your permission to use the niris.org
website automatically terminates.
3. REGISTRATION OBLIGATIONS
If required by WhiteSpectre, each Nightline must:
- provide true, accurate, current and complete information on the
Service's registration form (collectively, the "Registration
Data")
- maintain and promptly update the Registration Data as necessary.
If, after investigation, we have reasonable grounds to suspect that
any Nightline’s information is untrue, inaccurate, not current
or incomplete, we may suspend or terminate that Nightline's account
and prohibit any and all current or future use of the Services (or any
portion thereof) by that Nightline other than as expressly provided
herein.
Each individual user will receive a username and password and is wholly
responsible for maintaining the confidentiality thereof and wholly liable
for all activities occurring thereafter. WhiteSpectre cannot and will
not be liable for any loss or damage arising from a user's failure to
comply with this Section, including any loss or damage arising from
any user's failure to:
- immediately notify WhiteSpectre of any unauthorized use of his or
her password or account or any other breach of security
- ensure that he or she exits from his or her account at the end of
each session.
WhiteSpectre handles Nightline Registration Data in accordance with
the Privacy Statement accessible at http://www.niris.org/privacy.php.
4. WHITESPECTRE SERVICE
Requests relating to the provision of Service are, unless otherwise
agreed are to be made or confirmed in writing by electronic mail.
WhiteSpectre will use all reasonable endeavours to adhere to any dates
proposed by either WhiteSpectre or the user for the provision of Service,
however any such date is to be treated as an estimate only and WhiteSpectre
accepts no liability for failure to meet such dates.
WhiteSpectre will use all reasonable endeavours to provide a reliable
Service, however it is not practicable to provide such a Service free
of faults and WhiteSpectre does not undertake to do so. In the event
of a fault in Service, the user must report the fault by electronic
mail to WhiteSpectre's Technical Support. Upon receipt of the fault
report, WhiteSpectre will take all proper steps without undue delay
to correct the fault. WhiteSpectre shall not, in any event, be liable
for interruptions of Service or down-time of a Server.
WhiteSpectre may:
- temporarily suspend for the purpose of repair, maintenance or improvement,
part or all of the Company's service, generally without notice.
- give or update instructions regarding the use of the Service which
in WhiteSpectre's reasonable opinion is necessary in the interests
of safety, or to maintain or improve the quality of Service to WhiteSpectre's
customers and any such instructions shall whilst they are in force,
be deemed to form part of these terms.
- vary the technical specification of Service for operational reasons.
WhiteSpectre undertakes to use reasonable endeavours to restore Service
as soon as practicable after any such suspension.
5. BANDWIDTH UTILISATION
There is no specific Bandwidth or data-transfer frequency restriction.
Nevertheless, if it is WhiteSpectre's reasonable opinion that the user's
use of the Server is to the measurable detriment of the services available
on the Server to other users, WhiteSpectre will discuss measures with
the user to remedy the situation, which the user may be obliged to follow.
6. CONTENT
All information, data, text, software, music, sound, photographs, graphics,
video, messages or any other materials whatsoever (collectively, "Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that the
user, and not WhiteSpectre, is entirely responsible for all Content
that he or she uploads, posts, emails or otherwise transmits via WhiteSpectre
or any Service. No user shall transmit Content or otherwise conduct
or participate in any activities on WhiteSpectre and/or any Service
which, in the judgment of WhiteSpectre, is likely to be prohibited by
law in any applicable jurisdiction, including laws governing the encryption
of software, the export of technology, the transmission of obscenity
or the permissible uses of intellectual property.
WhiteSpectre will not pre-screen or review any Content. WhiteSpectre,
in its sole and absolute discretion, may preserve Content and may also
disclose Content if required to do so by law or judicial or governmental
mandate or as reasonably determined useful by us to protect the rights,
property or personal safety of WhiteSpectre. WhiteSpectre does not control
the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. Under no circumstances
will WhiteSpectre be liable in any way for any Content, including, but
not limited to, liability for any errors or omissions in any Content
or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise transmitted via WhiteSpectre
or any Service thereon.
If instructed to do so by a user or relevant niris.org Administrator
WhiteSpectre will delete all live content held for that registered user
or relevant Nightline unless lawfully required to do otherwise.
7. CHARGES and PAYMENT
Charges and terms of payment for the Service are set out in http://www.niris.org/cost.php.
All payments must be in UK Pounds Sterling unless agreed in writing
otherwise. If any cheque from the user is returned by the bank as unpaid
for any reason, the user will be liable for a "returned cheque"
charge of 30 Pounds Sterling.
Without prejudice to WhiteSpectre's other rights and remedies under
this Agreement, if any sum payable is not paid on or before the due
date, WhiteSpectre shall be entitled forthwith to suspend the provision
of Services to the user.
A Minimum Period of 12 months of Service begins from 30 days after account
activation unless we are notified in writing that you do not require
our services.
On termination of this Agreement or suspension of the Service, WhiteSpectre
shall be entitled immediately to block the user's Service and to remove
all data located on it. WhiteSpectre shall be entitled to delete all
such data but may, at our discretion, hold such data for such period
as it may decide to allow the user to collect it, subject to payment
in full of any amounts withstanding and payable to WhiteSpectre. WhiteSpectre
shall further be entitled to post such notice in respect of the non-availability
of the user's Service it thinks fit. If this agreement is terminated
by either party, WhiteSpectre will continue to honour the content privacy
clause and continue to treat all content as restricted.
8. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes,
any portion of the Services, use of the Services or access to the Services.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
While WhiteSpectre will endeavour to make periodic backups of site data,
WhiteSpectre has no responsibility or liability for the deletion or
failure to store or deliver any messages and other communications or
other Content maintained or transmitted by any Service. It is the user’s
responsibility to ensure the integrity of his data at all times. WhiteSpectre
reserves the right to mark as "inactive" and archive accounts
that are inactive for an extended period of time.
10. TERMINATION
We may terminate a user’s account at our absolute discretion
and for any reason. We are especially likely to terminate for reasons
that include, but are not limited to, the following:
- violation of these Terms
- abuse of site resources or attempt to gain unauthorized entry to
the site or site resources
- a user's request for such termination
- requirement of applicable law, regulation, court or governing agency
order.
WhiteSpectre's termination of any user's access to niris.org or any
Service hereunder may be effected without notice and, on such termination,
WhiteSpectre may immediately deactivate or delete user's account and/or
bar any further access to the Service. WhiteSpectre shall not be liable
to any user or other third party for any termination of that user's
access or account hereunder.
11. LINKS
WhiteSpectre, any Service or a third party may provide links to other
websites. WhiteSpectre exercises no control whatsoever over such other
websites and web-based resources and is not responsible or liable for
the availability thereof or the Content, advertising, products or other
materials thereon. WhiteSpectre shall not be responsible or liable,
directly or indirectly, for any damage or loss incurred or suffered
by any user in connection therewith. Your access and use of linked websites,
including information, material, products and services therein, is solely
at your own risk.
This website’s privacy statement is applicable only when you are
on our website. Once you choose to link to another website, you should
read that website’s privacy statement before disclosing any personal
information.
12. MATTERS BEYOND WHITESPECTRE'S REASONABLE CONTROL
WhiteSpectre is not liable for any breach of this Agreement or liable
for any delay or failure in performance of any part of these conditions
and its commitments when caused as a result of Force Majeur, war, civil
disorder, industrial disputes, inclement weather, acts of local or central
government or other competent authorities, and failure by other service
providers.
13. LIABILITY
The user acknowledges that WhiteSpectre has no control over the information
transmitted via the Service and that WhiteSpectre does not examine the
use to which the user puts the service or the nature of the information
the user is sending or receiving. The user hereby excludes all liability
of any kind for the transmission or reception of information of whatever
nature.
WhiteSpectre undertakes no liability whatsoever for the acts or omissions
of other providers of telecommunication service or for faults in or
failures of their apparatus.
WhiteSpectre is not in any way liable in this Agreement or otherwise
for loss, whether direct or indirect of business, revenue or profits,
anticipated savings or wasted expenditure, corruption or destruction
of data or for any indirect or consequential loss whatsoever.
WhiteSpectre makes no warranty as regards to its services or equipment
and will not be responsible for any damage allegedly suffered or claimed
by the user for any reason including but not limited to loss of data,
wrong or non-deliveries and service interruptions.
WhiteSpectre's total aggregate liability to the user for any claim
in Contract, tort, negligence or otherwise arising out of or in connection
with the provision of the Service shall be limited to the charges paid
by the user in respect of the Service which is the subject of any such
claim.
14. INDEMNITY
The user shall indemnify WhiteSpectre and keep it indemnified and
hold it harmless from and against any breach by the user of these terms
of business and any claim brought against WhiteSpectre by a third party
resulting from the provision of Service by WhiteSpectre to the user
and the user's use of the Service and the Server including, without
limitation, all claims, actions, proceedings, losses, liabilities, damages,
costs, expenses (including reasonable legal costs and expenses), howsoever
suffered or incurred by WhiteSpectre in consequences of the user's breach
or non-observance of this Agreement.
15. LAW
This Agreement shall be governed by and construed in accordance with
English law and the user hereby submits to the exclusive jurisdiction
of the English courts.
16. ENTIRE AGREEMENT
These terms and conditions together with any documents expressly referred
to in them, contain the entire Agreement between the user and WhiteSpectre
relating to the subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between the
user and WhiteSpectre in relation to such matters. No oral explanation
or oral information given by any party shall alter the interpretation
of these terms and conditions. In agreeing to these terms and conditions,
the user has not relied on any representation other than those expressly
stated in these terms and conditions and the user agrees that he shall
have no remedy in respect of any misrepresentation which has not been
made expressly in this Agreement. |